St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-08-26
THE NORTHERN PACIFIC.
The Roads Attorney Files an APP
DIicatiOn for a Hearing.

WASHINGTON, Aug. 25.-The North
ern Pacific Railroad company, by its
attorney, has filed with the secretary of
the interior an application for rehear-
ing in the matter of the revocation of
the orders of withdrawal of its indem-
nifty lands, so far as that revocation ap-
plies to the selections by the company
already of record. and to future Selec-
tiOns which it will hereafter have to
make sin common with the rest of the
world" The company takes exceptions
to the rules governing the decision re-
selections to the state or territory
in which the losses occur; and de-
claring that there is no second indemni-
ty and that the company is entitled to
losses only for lands disposed of since
the date of the grant of July 2, 1864.
The application says: 1T is conceded
by the department that under the origi-
nal charter the company would be en-
titled to select indemnity for all lands
lost prior to the definite location of the
road, without limit of time within
which losses must have occurred" But
the decision then proceeds to lay down
that by its charter the company was
prohibited from issuing bonds o. mort
cages, and was seeking to and did
have such prohibition removed by the
passage of the joint resolution of May 81,
1870; and that there was reason why,
asking a right before denied, congress
should then modify the indemnity pro-
vision. Hence, in passing the joint res
OlutiOn and thereby granting the right
to issue bonds and mortgages, the grant
ing power therein restricted the indem-
nifty losses occurring between the date
of the original act and the date of the
definite location, and specified that the
indemnity selections should be restricted
to the particular states or territories in
which the losses might be sustained, de-
claring that that part of the decision
which restricts indemnity to losses
after the passage of the granting
act rests upon the construction
to be placed upon the joint resolution of
May 81, 1870. The company desire to
be heard upon that question, asserting
that it can show conclusively that the
purpose of the resolution was to give.
additional lands. Reference is made to
Secretary Teller's decision of May. II.
1888, in which second indemnity belt
was recognized. and in which the COM
pany has selected under authority of
that decision some $4,000 acres. With
reference to that part of the decision
restricting the company fr0Hl making
indemnity selections other than in the
states and territories in which the
losses occur, the application
again calls attention to this
decision of Secretary Teller,
in which it is held that lit was clearly
the intention of the legislation that
within the indemnity limits fixed by the
Northern Pacific acts the company
should have the opportunity to take
lands, acre for acre, for all those lost
in places" This decision of eX-Secre-.
tary Teller is referred to as confirming
the construction of the law under which
the company has acted for sixteen years.
The New Orleans Pacific Railway COM
pany has also applied for rehearing
upon the ground that it has not had suf-
ficient opportunity to make the Selec-
tiOnS. The acting secretary will hear
counsel for each of these roads in sup
port of their applications, either orally
or by briefs.